Mohd. Sajid v. Central Bank of India

1. With the consent of learned counsel for the parties, the abovecaptioned two petitions have been heard together and are being disposed of by this common order.

2. Learned counsel for petitioners submits that petitioners were compulsorily retired on 22"'' October, 2013 and 19'^' February, 2015 respectively. Benefit of leave encashment is sought by petitioners. It is submitted by petitioners' counsel that this Court in its decision of 19'*^ January, 2018 in a similar case i.e. W.P.(C) 549/2018 titled Ashok Kumar Sawhney v. Central Bank ofIndia and Anr., has granted the benefit of W.Ps.(C) 482/2017 &972/2018 ~ Page 1of[2] 2018:DHC:9018 leave encashment to an employee, who was compulsorily retired and the said decision has attained finality. Learned counsel for respondent-Bank does not dispute the aforesaid stand taken on behalfofpetitioners.

3. In light of aforesaid, both these petitions are disposed of with direction to respondent-Bank to grant benefit of leave encashment to petitioners within a period oftwelve weeks, failing which the arrears of leave encashment shall carry interest @6% per annum from May, 2018 till the date ofpayment.

4. In the facts and circumstances ofthis case, it is deemed appropriate to deny the interest on the arrears of leave encashment from the date of accrual. However, the interest on the arrears would be payable only for a period ofthree years prior to the institution ofthese petitions.

5. With aforesaid directions, the above-captioned two petitions and the applications are disposed of

JUDGE MAY 07, 2018 s